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The Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009
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- 2009 No. 665
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Order)
This Order specifies action which is and is not to be regarded as enforcement action for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008. It also prescribes circumstances in which the enforcing authority does not have to notify the primary authority before it takes enforcement action, and cannot be directed not to take that action. In such circumstances, the enforcing authority must notify the primary authority of the enforcement action as soon as it reasonably can after taking the enforcement action.
Part 2 of the Regulatory Enforcement and Sanctions Act 2008 establishes a scheme for co-ordination of regulatory enforcement against a person (a “regulated person”) where that person carries on an activity in the areas of two or more local authorities and each of those authorities has the same relevant function in relation to that activity. Under the scheme one authority can be appointed as “the primary authority” in relation to the regulated person. In such cases, other than in circumstances prescribed by Article 3 of this Order, the taking of enforcement action against the regulated person by any local authority other than the primary authority (an “enforcing authority”) has to be notified to the primary authority, who may direct the enforcing authority not to take the action.
Article 2 describes what is, and what is not, to be regarded as enforcement action for the purposes of the primary authority scheme. Article 3 prescribes the circumstances in which the enforcing authority does not have to notify the primary authority before it takes enforcement action.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Business, Enterprise and Regulatory Reform and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.
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